Calling it a “nation-leading effort,” Massachusetts Gov. Maura T. Healey on Wednesday announced her intention to take executive action to pardon misdemeanor marijuana possession convictions in the commonwealth. 

If it is approved by the “Governor’s Council,” Healey’s office said it “would be the most comprehensive action by a governor since President Joe Biden pardoned federal marijuana possession convictions and called on governors to take similar actions in their states,” and “could impact hundreds of thousands of people.”

Per the official state website, the Massachhuestts Governor’s Council is “composed of eight individuals elected from districts, and the Lieutenant Governor who serves ex officio,” and it “provides advice and consent on gubernatorial appointments, pardons and commutations, and warrants for the state treasury.”

The governor’s office said that, if approved, the pardon “will apply to all eligible convictions, and most people will not need to take any action to have their criminal records updated,” as well as “to all adult Massachusetts state court misdemeanor convictions before March 13, 2024 for possession of marijuana (sometimes referred to as possession of a “Class D substance”).”

“Nobody should face barriers to getting a job, housing or an education because of an old misdemeanor marijuana conviction that they would not be charged for today,” Healey, a Democrat who is serving her first term after being elected in 2022, said in a statement on Tuesday. “We’re taking this nation-leading action as part of our commitment to using the clemency process to advance fairness and equity in our criminal justice system. We’re grateful for President Biden’s leadership on this at the federal level and proud to answer his call to take action in the states.” 

Other top state officials in Massachusetts, including Lieutenant Governor Kim Driscoll, hailed the announcement of the pardon.

“Marijuana laws have significantly changed over the past decade, and it’s essential that our criminal justice system adjusts with them. Governor Healey’s proposed pardon represents an important step toward righting historic wrongs, particularly around our country’s misguided War on Drugs,” said Driscoll. “We thank the Governor’s Council for their careful consideration of this recommendation and look forward to continuing our progress to make Massachusetts a more fair and equitable home for all.” 

Massachusetts Attorney General Andrea Joy Campbell applauded the “Healey-Driscoll administration’s efforts to rectify historic racial disparities, including with this proposed pardon, and President Biden’s leadership at the federal level on the same issue.”

“Convictions for simple marijuana possession – which someone could not be charged with today – have led to the disproportionate incarceration of Black and brown people and made it nearly impossible for them to obtain a job, housing, educational opportunities and more. As the AG’s Office also works to address injustice and close the racial wealth gap, this proposed pardon meaningfully moves the Commonwealth in the right direction,” the attorney general said.

Democratic House Speaker Ronald J. Mariano, meanwhile, said the “decision from Governor Healey to pardon certain marijuana convictions is the right one, as it is another step towards rectifying decades of injustices stemming from the criminalization of cannabis.”

“This announcement is consistent with the Legislature’s intent during the passage of the 2018 criminal justice reform law, which was updated in 2022 when the Legislature passed further cannabis reforms, that allowed residents to seek expungements for convictions that are no longer crimes following voter-approved reforms,” Mariano said. 

As the statements from Healey and other officials referenced, the pardon takes a cue from President Biden, who in the fall of 2022 issued a pardon to thousands of Americans who were convicted of violating federal cannabis laws.

“Sending people to prison for possessing marijuana has upended too many lives and incarcerated people for conduct that many states no longer prohibit,” Biden said in a statement then. “Criminal records for marijuana possession have also imposed needless barriers to employment, housing, and educational opportunities. And while white and Black and brown people use marijuana at similar rates, Black and brown people have been arrested, prosecuted, and convicted at disproportionate rates.”

At the time, the president also urged governors to take their own action to clear the records of such individuals at the state level.

“In October 2022, President Biden issued a presidential proclamation that pardoned many federal and D.C. offenses for simple marijuana possession offenses. In December 2023, the President expanded that pardon to include more offenses He also issued a call to Governors to take action to pardon marijuana convictions in their states and, in the State of the Union last week, the President directed his Cabinet to review the federal classification of marijuana,” Healey’s office explained. “Governor Healey has already taken historic action on pardons. She became the first Massachusetts Governor in decades to recommend pardons in her first year in office. She has pardoned a total of 13 people to date. She also issued new clemency guidelines to center fairness and equity in the criminal justice system.”

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A recent report by CBS News highlighted this trend, noting that as “ many veterans with PTSD remain desperate for healing, a growing number are turning to psychedelic-assisted treatment in Mexico — using substances the government they fought for says are illegal.”

“As I watched more of my teammates…more veterans start to take their own lives, I realized that that’s an option,” Herb Daniels, a former Green Beret, told CBS.

Following his retirement from the military, Daniels “said he faced a profound darkness that started to consume him,” which ultimately resulted in multiple suicide attempts.

He ultimately “found out about VETS, Veterans Exploring Treatment Solutions,” a “nonprofit organization funds grants for veterans to go to Mexico for treatment that isn’t legal in the United States,” according to CBS News. 

The organization shuttles veterans from San Diego to Mexico for a psychedelic retreat each week.

Daniels embarked on his first retreat last year. CBS News has more on the experience:

“Upon arrival at the retreat site, the location of which CBS News was asked not to disclose for the safety and security of the participants, the veterans met with a local facilitator, Juan Aguilar, who guided them through the process. Aguilar first focused on setting intentions and preparing the veterans for their experience. The therapy session started with the use of mapacho smoke to cleanse the space, followed by a focused meditation with the medicine. The heart of the treatment involves a short, intense, psychedelic experience. During his session, Daniels went through a range of emotions, visibly moved as tears rolled down his face. The experience lasted about 10 minutes, and he said it felt ‘magical, like a fresh start.’”

“My heart was just opened, wide open, and there was laid bare so much pain, so much anger and as soon as I let it go, I became aware of my presence again, and I felt my body just relax,” Daniels told the network.

According to CBS, Daniels “and his wife now dedicate themselves to assisting veterans in getting the help they need – by helping them get to Mexico for treatment.”

The story highlights a significant component of the drive to make psychedelics legal in the United States: researchers are increasingly convinced of their potential as a form of mental health treatment, and they have been vulnerable populations, including returning veterans.

Earlier this month, Massachusetts Gov. Maura T. Healey filed legislation that includes a proposal to the therapeutic benefits of psychedelics for veterans.

“Our veterans have sacrificed so much for our country, and this transformative legislation marks an important step toward ensuring that Massachusetts supports them in return,” said Healey. “From day one, our administration has been committed to revitalizing veterans’ services in Massachusetts and ensuring that every one of these heroes receives the benefits, resources and support that they deserve.”

Veterans advocacy groups applauded the bill.

“We’re grateful to Governor Healey and her team for recognizing the need for giving back to the heroes who have served our country, both at home and overseas,” said Bill LeBeau, Adjutant for Massachusetts Veterans of Foreign Wars. “With this bill, the Healey-Driscoll Administration demonstrates a real commitment to accomplishing outcomes for our Veterans that will be meaningful and impactful in so many ways; it also sends a signal that more needs to be done to support them.”

The most decisive action will have to come from Washington, however, as psychedelics remain prohibited under federal law. 

A growing number of lawmakers on Capitol Hill have publicly endorsed making psychedelics legal for mental health treatment. 

Democratic Rep. Alexandria Ocasio-Cortez (NY-14) and Republican Rep. Dan Crenshaw (TX-02) introduced a bill this summer that would direct the Department of Defense to research psychedelics.

“This is a real wild coalition,” Crenshaw said after introducing the measure, noting the ideological composition of the bill’s sponsors.

The most crucial show of support would come from the White House, and there were signals earlier this year that President Joe Biden could actually be amenable to psychedelic treatment.

Biden’s younger brother, Frank Biden, said as much in an interview this past summer.

 “He is very open-minded,” Frank Biden said in an interview with radio host Michael Smerconish. 

“Put it that way. I don’t want to speak; I’m talking brother-to-brother. Brother-to-brother,” he added. “The question is, is the world, is the U.S. ready for this? My opinion is that we are on the cusp of a consciousness that needs to be brought about to solve a lot of the problems in and around addiction, but as importantly, to make us aware of the fact that we’re all one people and we’ve got to come together.”

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